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This article is designated to the most important issues of private parties (natural and legal) and member states, as the subjects of the law of the EC: the main differences and similarities of non-contractual liability of the EC and member states liability in damages. The comparative analysis of the conditions of non-contractual liability of the EC and member states liability in damages, established in the jurisprudence of the Court is also being introduced. The main attention in this article is being paid to commenting the conditions of non-contractual liability of the EC in comparison with the conditions of member states liability in damages. This article consists of two main parts. In the first part the main similarities and differences of non-contractual liability of the EC and member states liability in damages are introduced. It is being argued that non-contractual liability of the EC and member states liability in damages are different according to the scope of the application of national legal norms, judicial institutions, which hear such claims of the recovery of damages, condition to use the existing remedies of legal protection. Non- contractual liability of the EC and member states liability in damages are similar in parties, who can submit claims for the recovery of damages, the application of liability for the breaches of EC law, the nature of liability, the right to claim the recovery of damages. It is being stressed, that, according to the nature of these two sorts of non-contractual liability, more similarities than differences can be found. It is also emphasized that on certain occasions not only the claim for the application of non-contractual liability of the EC, but also the claim for application of member states liability in damages is possible at the same time. [...]